Shared lane

AdrianC

Kimpop wrote: »

I asked who owned the lane and she just said it was shared and that I should go through that with my solicitor. I'm unsure of the whole process and don't have a solicitor.

You're going to be using one for the purchase, though. Part of their job is to determine things like this.

There are 5 others on the lane, 3 homes and 2 farms so there is a lot of Large vehicles and tractors etc.

So you're not going to change anything very much from the current use... What's the deal been up until now?

I feel a bit weird going to the neighbours doors and thought a friendly phone call might be nice to find out more about the area but can't find any contact information so may need to be rave and go and knock their door.

How is a phone call any less "weird" than a knock on the door when you're viewing? One of the houses accessed through the lane I mentioned above is on the market at the moment - I'd certainly not be weirded-out by a knock on the door... I'd probably raise a bigger eyebrow at a phone call, tbh.

moneyistooshorttomention

Kimpop wrote: »

Thanks everyone for your replies, I really appreciate it. I have spoken with the EA but they told me what I have already found out myself by checking in google earth etc.
I asked who owned the lane and she just said it was shared and that I should go through that with my solicitor. I'm unsure of the whole process and don't have a solicitor.
There are 5 others on the lane, 3 homes and 2 farms so there is a lot of Large vehicles and tractors etc.
My husband knew a man that lived in a shared lane and had no knowledge of any agreement and The lane owner resurfaced and sent him a percentage of the bill, he wasn't expecting it so was (rightly so) very annoyed!
I feel a bit weird going to the neighbours doors and thought a friendly phone call might be nice to find out more about the area but can't find any contact information so may need to be rave and go and knock their door.
I can't wait to get back to the countryside but as this is my first purchase I just want to be sure so thank you for all your replies ����

1. Re that man that was given an unexpected bill. I'm not surprised he was very annoyed - and quite rightly so. Even if he was due to pay - then, at the very very least, he should have been given appropriate notice in writing some time in advance if things were being done in an old-fashioned feudal type way (ie "I own it - so I will tell you how things are to be") and he would have known some time in advance if things had been done the modern/democratic way (ie of everyone making a joint decision about it).

That man should have checked his "deeds". If it said there that he is due to pay - then he is due to pay - but things should still have been done properly.

If it doesn't say anything about paying towards road maintenance in the Deeds = road maintenance isn't payable.

One can only be charged for road maintenance that is specified in the "deeds". If nowt is down there = then nowt is payable (no matter how much someone tries to tell you it is) iyswim.

2. You need to look at the "deeds" for yourself of this house and see what they say to see whether you are due to pay anything towards the road maintenance or no. Same principle applies. If the "deeds" say you are due to pay = you are. If the "deeds" don't mention it = you aren't.

3. If you ask the neighbours they may or may not tell you the truth about how things are supposed to be. They may tell you how they would like things to be personally - rather than the truth as to how they actually are iyswim. So it may be as well to ask them - but take it with a pinch of salt and ask to see what the "deeds" say anyway (to see if it matches what the neighbours tell you).

Davesnave

PasturesNew wrote: »

6 inches isn't difficult to accumulate.

It can be at my age....:o

More seriously, being cut off by snow can happen, but not very often. It's happened on a few days in the past 8 years for me, and I live at 500', not near the sea.

Don't feel weird quizzing neighbours. It happens to me quite a lot, as I live fairly close to, a development where there's usually a property for sale. When there's no village shop or a postman about, neighbours are the only way to get the low-down on what really happens. EAs typically know little, and they'll put a gloss on wehatever they say.

moneyistooshorttomention

Kimpop

I've sent you a Private Message.

robatwork

Another definite vote for *neighbours*.

I'm sure it's not just me who wouldn't buy a property without talking to at least 2 neighbours first. I would just knock on 4 or 5 doors nearest to your potential new house. You will probably find they will be more than happy to talk at length about the road, the neighbourhood, all the while checking you out as potential neighbour material.

You'll probably get tea and cake too.

G_M

1) If you are serious about buying a property you need to either
a) rapidly learn, in advance, how to do your own conveyacing

b) or, more sensibly given your lack of knowledge, find a solicitor. Now. Why wait to the last minute and then rush around choosing the 1st one you can? You don't have to instruct the solicitor to do any work yet, just have identified who you will use in due course

2) the solicitor will check all the legal issues affecting the purchase, and the property. That will include Rights of Access, and maintenance obligations for the road, if any etc

3) you can always do some preliminary research on a property yourself by downloading the Title document for the property from the Land Registry here for £3. Anything you don't understand, quote for us in full and we'll interpret.

4) A better understanding of the entire process will also stand you in good stead. Buy (or borrow free from the local library) a book on house buying, eg

https://www.amazon.co.uk/Buying-Selling-Home-Dummies-Melanie/dp/0470994487/ref=sr_1_3?s=books&ie=UTF8&qid=1499526339&sr=1-3&keywords=house+buying

(there are many others)

moneyistooshorttomention

G_M wrote: »

1) If you are serious about buying a property you need to either
a) rapidly learn, in advance, how to do your own conveyacing

b) or, more sensibly given your lack of knowledge, find a solicitor. Now. Why wait to the last minute and then rush around choosing the 1st one you can? You don't have to instruct the solicitor to do any work yet, just have identified who you will use in due course

2) the solicitor will check all the legal issues affecting the purchase, and the property. That will include Rights of Access, and maintenance obligations for the road, if any etc

3) you can always do some preliminary research on a property yourself by downloading the Title document for the property from the Land Registry here for £3. Anything you don't understand, quote for us in full and we'll interpret.

4) A better understanding of the entire process will also stand you in good stead. Buy (or borrow free from the local library) a book on house buying, eg

https://www.amazon.co.uk/Buying-Selling-Home-Dummies-Melanie/dp/0470994487/ref=sr_1_3?s=books&ie=UTF8&qid=1499526339&sr=1-3&keywords=house+buying

(there are many others)

Agreed - apart from be wary on no. 2 that your solicitor does indeed do so. The legal executive I found I got (from the firm of solicitors I chose) left me woefully unprepared for the situation I found in the unadopted road I bought in.

- told me it was an unadopted road as I recall - but certainly didnt tell me what proportion of maintenance costs I was due to pay

- didnt tell me what the arrangements were in the road for deciding on whether maintenance was necessary

All round I was totally oblivious about unadopted roads - as we basically don't have them where I'm from and I was just as unaware of what was what after talking to her as before:mad:.

On the other hand - there will be good solicitors/legal executives/conveyancers out there that are au fait with these things and are aware of just how unaware a city person is likely to be of all that sort of thing and they will find out/explain how things are.

and I only found out whats what re this sort of thing later.

Motto of the tale = find out which category your "legal bod" is in and tell them what you expect them to find out and then tell you.

Cheeky_Monkey

Judging by the OP's other thread, she needs to get her own house on the market first before worrying about shared lanes and the like

glasgowdan

PasturesNew wrote: »

Who clears the lane when you're cut off in the winter?
It might be nobody .... can you shovel 100 foot long of 6" deep snow to get to work?

It might be that most of the time the farmer's out early doing it .... but one day he might stop needing to get up/out/down that lane that early ever again.

I reckon the OP could easily park 100ft away on the night every 6 years when such snow is forecast.

Riggyman

AdrianC wrote: »

The lane I referred to is used by large tractors, as well as larger trucks. Anywhere in the country will be used by trucks on a semi-regular basis, dealing with things townies take for granted - like delivering oil and gas for heating, or taking away the contents of septic tanks. Largest I've seen down there are 18t rigid trucks and JCB Fastracs. There's an axle weight limit on all trucks, so once you get much beyond 7.5t, the loadings are the same.

Ooh get you